5.  The applicant was born in 1951 and lives in Lublin.
6.  The applicant was a surgeon at the Hospital no. 4 in Lublin with thirty‑two years of practice and who started kidney‑transplant operations there. He was also an assistant professor at the Lublin Medical Academy.
7.  In 1998 the applicant was diagnosed with sleep apnoea (a sleep disorder characterised by pauses in breathing during sleep) and since then was required to use a respirator when asleep.
8.  At 6 a.m. on 1 June 2006 five armed plain‑clothes police officers came to the applicant’s flat to arrest him. According to the applicant, they were violently knocking on the door. They presented the prosecutor’s order for the applicant’s arrest.
9.  At about 8 a.m. the applicant was brought in handcuffs to his clinic. The event was seen by hospital staff and patients. The police searched the applicant’s locker. The applicant’s arrest was filmed by one of the police officers. Subsequently, the applicant was brought to the Lublin Regional Police Headquarters where he was questioned. He was informed of the bribe‑taking charges against him.
10.  After questioning, the applicant was taken to the Lublin Military Hospital for a medical check. Doctor O. issued a certificate that the applicant could be held in detention and recommended the use of the respirator.
11.  Subsequently, the applicant was brought to the Lublin‑Północ District Prosecutor. The prosecutor charged him with ten counts of accepting material benefits from his patients for medical treatment and/or making the provision of such treatment conditional upon receiving material benefits (Article 228 § 1 and Article 228 § 4 of the Criminal Code respectively). The charges related to the period between 1997 and 2004 and the impugned amounts ranged from 100 to 500 zlotys (approx. 25 to 125 euros).
12.  The applicant submitted that on 1 June he had been twice approached by police officers from the anti‑corruption unit and once three months later. According to the applicant, they promised him a beneficial treatment if he would confess and name other doctors engaged in corrupt practices. The applicant refused.
13.  On 1 June 2006 the Lublin District Court granted the prosecution’s request and remanded the applicant in custody until 1 September 2006. It found as follows:
“The prosecution’s request is well‑founded and should be granted. The evidence gathered so far in the proceedings points to a strong likelihood – within the meaning of Article 249 § 1 of the Code of Criminal Procedure – that the suspect committed the misdemeanours with which he was charged. [That likelihood] is shown by the depositions of the witnesses who described in an extensive and precise manner the circumstances concerning the acts imputed to the suspect.
The suspect is charged with commission of ten misdemeanours; in respect of each of those misdemeanours he is liable to a maximum sentence of at least 8 years’ imprisonment, and thus the need to apply detention on remand in order to ensure the proper conduct of the proceedings is justified by the severe penalty to which the suspect is liable. The real possibility that such a penalty would be imposed follow from the multitude of acts, their character and circumstances.
The reasons militating against the imposition of detention on remand specified in Article 259 of the Code of Criminal Procedure were not identified. The suspect does not have dependent children, and as regards his state of health, it transpires from his medical examination that he may be held in a “room for arrested persons” possessing a respirator and medication.”
14.  At about 6 p.m. on 1 June 2006 the applicant was taken to the Lublin Detention Centre. According to the applicant, he was put in a cell of 10 square meters with five other inmates. He was afraid that one of them could unplug his respirator.
15.  The applicant appealed against the detention order. He argued that the imposition of detention on remand could seriously jeopardise his life or health as he suffered from sleep apnoea. In the case of a power cut or the unplugging of the respirator by one of the co‑detainees the applicant would be exposed to a risk to his life. He also argued that the certificate issued by doctor O. concerned a short period of detention and did not attest that he could be held in detention for a period of three months. Secondly, he submitted that there were no concrete circumstances to substantiate the risk that he would obstruct the proper conduct of the proceedings if non‑custodial measures had been applied. On the contrary, the applicant was a surgeon enjoying good professional reputation and a law‑abiding citizen.
16.  On 20 June 2006 a group of doctors from the hospital no. 4 and the Lublin Medical Academy petitioned the Lublin District Prosecutor to release the applicant. The applicant did not submit any information about the follow‑up to this petition.
17.  On 22 June 2006 the Lublin Regional Court upheld the detention order of 1 June 2006. It found, inter alia, that:
“The suspect is charged, among others, with the offence specified in Article 228 § 4 of the Criminal Code in respect of which he is liable to a sentence exceeding eight years’ imprisonment. It should be noted that the circumstances concerning the significant social danger of the suspect’s acts, his base motives, the large number of acts and their character justify the supposition that the imposition of a severe penalty of imprisonment within the meaning of Article 258 § 2 of the Code of Criminal Procedure is a real possibility. By “the liability to severe penalty” in the light of this provision it should be understood that the fact of having charged a suspect with a crime or misdemeanour for which he is liable to a statutory maximum sentence of at least eight years’ imprisonment gives rise to a legal presumption that the likelihood of a severe sentence being imposed may prompt the suspect to undertake actions obstructing the proper conduct of the proceedings (decision of the Supreme Court of 29 August 2000, case no. II KZ 115/00, unreported).
In the light of the foregoing it is necessary to impose detention on remand in order to secure the proper conduct of the proceedings, and other more lenient preventive measures may have been insufficient at the present stage of the proceedings.”
18.  As regards the applicant’s state of health, the Regional Court found no reasons indicating that holding him in custody would seriously jeopardise his life or health. It noted that the applicant was provided with constant medical care in detention and that he could be detained in an appropriate medical establishment if his condition so required.
19.  According to the applicant, on 10 July 2006 he was chained and taken to a hospital for examination of his lungs.
20.  On 22 August 2006 the Lublin Regional Medical Chamber issued a guarantee for the applicant and requested the authorities to vary the preventive measure. No further information was provided by the applicant in this respect.
21.  On 28 August 2006 the Lublin District Court extended the applicant’s detention on remand until 1 December 2006. It found that the investigation could not have been concluded within the period of three months due to “particular circumstances of the case”, namely the need to hear evidence from a very large number of witnesses – patients treated by the applicant. On that ground it was justified under Article 263 § 2 of the Code of Criminal Procedure to prolong the applicant’s detention beyond the ordinary three‑month period.
22.  The District Court found that the initial reasons justifying the applicant’s detention, namely the reasonable suspicion of having committed the impugned offences and the real risk of a severe sentence being imposed were still valid. It noted that the evidence gathered so far in the case pointed to the reasonable suspicion that the applicant had committed the offences with which he had been charged. Furthermore, the character of the imputed acts, their number and legal classification indicated the severity of the penalty to which he was liable (eight or ten years’ imprisonment depending on the charge). In the court’s view, the significant social danger of the imputed acts and the manner in which the applicant had operated made the imposition of a severe penalty very likely. According to the court, other, non‑custodial, preventive measures would not have been sufficient to ensure the proper conduct of the proceedings since the applicant might unlawfully obstruct the proceedings if released, in particular as the investigation was still ongoing.
23.  The District Court held that the applicant’s release on health grounds was not called for. According to a medical certificate of 28 August 2006 he suffered from some ailments but could be treated in the prison. In addition, he was provided with medical care.
24.  The applicant’s lawyer appealed on 29 August 2006. He submitted that the acts imputed to the applicant could not have been considered as criminal offences but as acts of gratitude of customary nature. He underlined that the lower court’s finding that the applicant would obstruct the proceedings was entirely groundless and arbitrary supposition. In addition, the applicant’s personal circumstances before the commission of the imputed acts indicated that the penalty to be imposed on him would not have been severe. Furthermore, the lawyer argued that having regard to the applicant’s condition (sleep apnoea) his continued detention had serious negative implications for his health. In the alternative, the lawyer requested the court to impose non‑custodial preventive measures.
25.  On 31 August 2006 the Lublin Regional Court held a hearing to examine the applicant’s appeal. The adoption of a decision was postponed at the request of the applicant’s lawyer who wished to obtain information from the detention centre whether the applicant had been able to use the respirator and whether his illness might be treated in detention. The applicant was examined by a doctor of the Lublin Remand Centre on 22 September 2006. He was diagnosed, inter alia, with hypertension, sleep apnoea, hypertrophic cardiomyopathy (HCM) and cardiac dysrhythmia. The doctor found that the applicant’s general condition was relatively good and opined that he could be treated in detention. The medical certificate was received by the court on the same day.
26.  The court scheduled the next hearing for 28 September 2006. The hearing was adjourned since the court considered it necessary to obtain a forensic opinion from the Lublin Medical Academy as to whether the applicant’s illness could be treated in detention. On 16 October 2006 the Lublin Medical Academy informed the court that the requested opinion could not be prepared because the applicant was its employee. On 17 October the court requested the Poznań Medical Academy to prepare a forensic opinion. The request was repeated on 8 November 2006. The opinion was submitted on 15 November 2006. It stated that the applicant’s ailments were of chronic nature and that there was no possibility of a complete recovery. The opinion concluded that the applicant could be treated in detention. In view of his condition, it was necessary to ensure to the applicant frequent medical checks, in particular by a cardiologist and pulmonologist and the regular administration of prescribed drugs. Furthermore, he should be ensured the use of his respirator.
27.  The applicant submitted that the opinion of 15 November 2006 had been prepared solely on the basis of his medical records. He was not consulted or examined by doctors from the Poznań Medical Academy.
28.  On 23 November 2006 the Lublin Regional Court upheld the District Court’s decision. It concurred with the lower court that the basic condition for the applicant’s detention on remand, namely the reasonable suspicion of having committed the impugned offences, had been satisfied (Article 249 § 1 of the Code of Criminal Procedure). In addition, the particular condition set out in Article 258 § 2 of the Code of Criminal Procedure (severity of the likely penalty) had also been satisfied. In this respect, the Regional Court invoked the same elements as in its earlier decision which warranted the likelihood of a severe penalty being imposed on the applicant (see paragraph 17 above). It further noted that Article 258 § 2 of the Code of Criminal Procedure established a presumption to the effect that the likelihood of a severe penalty being imposed might induce the applicant to obstruct the proceedings. In this regard the court stated that:
“The court applying detention on remand is thus under no obligation to indicate that the suspect will surely undertake such actions [aimed at obstruction of the proceedings].”
The court found that the applicant’s continued detention on remand was necessary in order to secure the proper conduct of the proceedings and that no other preventive measures would have been sufficient at this stage of the proceedings.
29.  The Regional Court further found that the applicant’s state of health did not justify his release. It relied on a medical certificate of 22 September 2006 and the expert report of 15 November 2006. It further noted that the applicant could be detained in an appropriate medical establishment had his condition so required.
30.  On 29 November 2006 the Lublin District Court prolonged the applicant’s detention until 1 March 2007. It further held that the applicant would be released if he put up bail in the amount of PLN 30,000 (approx. EUR 7,500) by 13 December 2006. The court found that it was justified to prolong the applicant’s detention beyond the ordinary three‑month period. It noted that since August 2006 the prosecutor questioned several dozen of witnesses and as a result he charged the applicant with the commission of at least ten additional offences under Article 228 § 1 and Article 228 § 4 of the Criminal Code. It also noted that the case could develop further since the prosecutor had planned to question many more witnesses.
31.  The court found that the reasons justifying the applicant’s detention on remand were still valid. The evidence in the case supported the reasonable suspicion against the applicant. Furthermore, the number of charges (at least twenty at the time of the court’s decision) and other elements relied on by the court earlier indicated that the applicant was likely to be sentenced to a severe penalty. However, having regard to the fact that the most severe preventive measure had been already applied for nearly six months and that the prosecutor had carried out many investigatory acts, the court found that bail would be a sufficient measure to ensure the proper conduct of the proceedings at that stage.
32.  Lastly, relying on the medical certificate of 22 September 2006 and the expert report of 15 November 2006 the court found that the applicant’s state of health did militate against his detention on remand.
33.  The bail was paid and the applicant was released on 30 November 2006.
34.  On 7 December 2006 the Lublin Regional Court dismissed the prosecution’s appeal against the decision to release the applicant on bail. It agreed with the lower court that the particular condition set out in Article 258 § 2 of the Code of Criminal Procedure (severity of the likely penalty) had been satisfied in the applicant’s case. However, the fact of this condition being satisfied could not lead to automatic extension of detention on remand. In accordance with Article 257 § 1 of the Code of Criminal Procedure the application of the most severe preventive measure was limited to exceptional cases, namely those where there were grounds to assume that other measures would not have been sufficient to ensure the proper conduct of the proceedings. In the court’s view, at the current stage of the proceedings, the application of detention on remand was not appropriate since – in accordance with the principle of proportionality of the application of preventive measures – they should be applied in the manner that was commensurate to the existing risk to the proper conduct of the proceedings. The court found that in the present case there had been no grounds to consider that the applicant would have interfered with the proper conduct of the proceedings because of the severity of the likely penalty. The applicant made his statements in the case, was not previously convicted and had a permanent abode. It was incorrect on the part of the prosecutor to argue that the risk of obstructing the proceedings was justified by the fact that the case could have developed further and the related necessity to question more witnesses. The court emphasised that the severity of the likely penalty alone did not constitute a sufficient ground for application of detention on remand unless it was linked with a substantiated risk that a suspect might take actions obstructing the proper conduct of the proceedings with a view to avoiding the likely penalty. The evidence collected in the case did not provide any grounds for such an assumption. The court concluded that bail would be a sufficient preventive measure in the applicant’s case.
35.  The applicant submitted that during his detention he had been intimidated by the authorities in various ways. Apparently, his respirator was damaged by the prison guards during searches of the cell. He was made to wait five weeks in pain for a visit to a dentist. He was not provided with a cheap drug against his hypertension. For two weeks he was put in cell no. 60 with five smokers which was very difficult given his condition. Later, he was put in cell no. 38 which had been previously occupied by prisoners suffering from tuberculosis but had not been disinfected. In that cell there was a toilet annex which did not provide any privacy.
36.  According to the medical certificate of 1 December 2006 issued by a specialist in lung diseases the symptoms of the applicant’s sleep disorder intensified. He recommended that the applicant be treated in a specialised institute in Warsaw.
37.  In December 2006 and April 2007 the applicant was hospitalised and diagnosed with ischaemic heart disease. According to the medical certificate of 28 December 2006 the applicant had lost 26 kilograms in weight. Due to his condition following the release the applicant has been unable to practise as a doctor for a certain time.